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Date of publication: 22.02.2024 09:21
Date of changing: 22.02.2024 09:25
Inclusion in the register of owners of free warehouses is determined by Article 517 of the Code of the Republic of Kazakhstan «On customs reguliation in the Republic of Kazakhstan» and includes the following сonditions :
1) ownership, economic management, operational management or lease of structures, premises (parts of premises) and (or) open areas intended for use as a free warehouse and meeting the following requirements:
the territory intended for use as a free warehouse must be equipped and arranged for carrying out operations for the production and processing of goods in accordance with the purpose specified in the application of a legal entity for inclusion in the register of owners of free warehouses;
the territory, including adjacent loading and unloading areas (one or more warehouses and platforms), must have continuous fencing around the entire perimeter to prevent access by unauthorized persons;
designation of the territory, including loading and unloading areas, in accordance with paragraph 5 of Article 404 of the Code;
availability of places for inspection of goods, including covered areas located at inspection points, equipped with electric lighting and equipped with video surveillance equipment, compatible with software products of customs authorities, operating around the clock, allowing viewing of video information about events within thirty calendar days. In this case, the inspection place must be designated and exclude the presence of non-visible areas (areas) for video surveillance equipment;
the presence of certified weighing equipment corresponding to the nature of the goods being placed, and in the case of gas storage in special storage facilities - the availability of appropriate metering devices;
2) the absence on the day of application to the customs authority of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties, penalties, interest not fulfilled within the established period;
3) the presence of a goods accounting system that meets the requirements approved by the authorized body, allowing to compare the information submitted to the territorial customs authorities when carrying out customs operations with information on business transactions;
4) the absence on the day of application to the territorial customs authorities of a resolution that has entered into legal force and has not been executed in the case of an administrative violation of the customs legislation of the Republic of Kazakhstan in accordance with Articles 521, 528, 532, 533, 534, 538, 539, 540, 544, 551 , 552, 555 and 558 of the Code of the Republic of Kazakhstan on Administrative Offenses and the absence of facts of failure to eliminate the reasons that led to these violations of the customs legislation of the Republic of Kazakhstan;
5) existence of a contract (agreement) on the use of the electronic invoice information system;
6) the absence of an outstanding criminal record under articles 190, 192-1, 193, 209, 213, 214, 218, 233, 233-1, 250, 259, 311 and 312 of the Criminal Code of the Republic of Kazakhstan dated July 16, 1997, as well as under articles 214, 216, 218, 234, 235, 236, 241, 245, 255, 256, 286, 297, 366 and 367 of the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 for individuals who are heads of legal entities applying for inclusion in the register owners of vacant warehouses.
2. If structures, premises (parts of premises) and (or) open areas are leased on the day of filing an application for inclusion in the register of owners of vacant warehouses, the lease agreement in relation to such structures, premises (parts of premises) and (or) open areas must be concluded for a period of at least three years.
It is worth adding that there is currently a pilot project under which all applications, including those for inclusion in the register of owners of free warehouses, are made in the information system of the customs authorities “E-Window”.